The California Eviction Procedure

Written by Jeff Lancaster
July 9, 2012

A Guide For Orange County Property Owners

jpl process service - orange county process servers - california eviction procedure (866) 754-0520
The California Eviction Procedure

The California eviction procedure concerns all property owners and tenants who must operate as the state eviction law outlines.

The most crucial thing a property owner must do before an eviction is actually executed is the serving of the eviction notice some period before the actual day of the eviction for you to allow the tenant time to prepare.

This includes serving the renter correctly so that the order is effective within the law in the event it goes to court. This order has to be performed by a process server, sheriff, or the landlord, and include the reasons the action is being taken.

The California Eviction Procedure

The following is the legal California eviction procedure (at the time of writing) for tenants who skip on payment of rent.

To start with, the renter is issued a 3 day notice to pay or quit. This is a warning to pay all their rent or resolve each of the reasons marked in the eviction notice. If resolved adequately, the matter will end. However, if the renter fails to reimburse the rent or resolve the matter concerning all complaints, they are served with summons and a complaints form called an Unlawful Detainer.

Step 1

In case the summons isn’t replied to, default ruling is presented to the court for approval. The tenant is then served with a notice from the sheriff within six to eight days of the default judgment. If this is not resolved, the sheriff has the power to evict the tenant.

Step Two

The next step in the California eviction procedure after the summons and procedures, a tenant may answer the Summons and Complaint. They will need to provide the initial filing fees with this Answer. This will schedule a court date and allow the tenant to be heard in court regarding the matter.

Landlords who lose their hearings must reapply for a new trial date within a span of eight to thirteen days. A resolution date, also called a settlement conference, is held within one week. At the settlement conference, a resolution will be made rewarding one of the parties as the winner.

If the California eviction procedure is won by the property owner, a period of one to five days will be given to the tenant to vacate the premises, followed by the sheriff’s notice to the defaulting tenant, which can take an additional 6-8 days. After this duration has expired, the tenant will be evicted by the Sheriff.

Whenever considering the California eviction procedure, a landlord has to be extremely careful in doing so as they may find themselves being sued in response for violating the tenant’s rights. In many cases, your best chance at a successful outcome is to retain the assistance of a skilled attorney, paralegal, and of course a process server to serve all the documents.

JPL Process Service are not lawyers, paralegals, or document preparation specialist. We do not practice law or are legally able to provide any legal advice. Please contact an Attorney for any specific questions regarding filing cases or any other legal matters. We can only help you with Service of Process for legal documentation and provide excellent process servers for an affordable price in Orange County, Ca.

If you ‘d like to talk about your situation in person, please give our professional Orange County process servers a call at (866) 754-0520.

ABOUT THE AUTHOR

Jeff Lancaster

Jeff Lancaster

JPL Process Service is a trusted process service partner to 100's of law firms throughout Southern California. Call us at (866) 754-0520 to see why or click to order online here.

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